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Cobb Judge Grants Bond as Video Raises Doubts in Walmart ‘Kidnapping’ Case

cobb judge grants bond to mick patel

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In a stunning turn of events Tuesday, a Cobb County judge granted bond to a local man accused of trying to kidnap a toddler, a case many are now calling an overreach by the District Attorney’s Office that’s sparked widespread outrage and international media attention.

Mahendra “Mick” Patel, who had been behind bars for nearly six weeks, walked out of the Cobb County jail after Superior Court Judge Greg Poole approved a $10,000 bond. But this wasn’t just any bond hearing. Over 200 friends, neighbors, and supporters of Patel packed into the courtroom and overflowed into a jury room, a show of support rarely, if ever, seen in these types of proceedings.

Mahendra “Mick” Patel released from custody following bond hearing with attorney Ashleigh Merchant

“He’s got all that he needs to show me that he’s a member of our community and that he has ties to the community,” Judge Poole said. “…If I thought he was a risk, I wouldn’t let him out of jail.”

Patel, a married man, cobb property owner, and longtime Kiwanis Club member, appeared in court in a bright green jumpsuit, his hands shackled, but his face clearly overwhelmed with gratitude at the turnout.

The case centers around a March 18 incident at a north Cobb Walmart, where Cobb resident Caroline Miller accused Patel of attempting to snatch her child from her lap. He was arrested three days later by Acworth Police, who claimed he had “fled the scene.” However, Patel’s fiery defense attorney, Ashleigh Merchant, quickly dismantled that claim, noting he paid for items with his debit card, casually chatted with a cashier, and was later seen interacting with a Walmart employee at the exit.

As reported previously by Cobb Voice, this unusual case gained global attention after surveillance footage, selectively edited by some media outlets, was released to the public. But Cobb Voice published the entire unedited video for transparency.

Judge Poole allowed the video to be played in court over the objection of Chief Assistant District Attorney Jesse Evans, who claimed it was irrelevant to bond. Audience members audibly reacted in disbelief when they saw the footage, shaking their heads at what they felt was an outrageous overcharging of the case.

The original kidnapping charge was ultimately downgraded to attempted kidnapping, along with charges of simple assault and simple battery. DA Sonya Allen’s office rushed the case to a grand jury, a procedural move that avoided an initial bond hearing and raised eyebrows among legal observers.

Cobb County District Attorney Sonya Allen

During the hearing, Merchant directly criticized the District Attorney’s Office for dragging its feet and selectively fulfilling document requests. DA Allen, who sat silently in the jury box throughout the hearing, was described by courtroom observers as appearing visibly uncomfortable during key moments of the defense’s presentation.

Merchant further questioned the credibility of the accusation, pointing out that Miller was not disabled and was on what she called a “joyride.” Miller has publicly claimed that Patel “grabbed” her child with both hands in what she described as a “tug-of-war.”

Read Related Story: Edited Facebook Posts Raise Credibility Concerns in Cobb Kidnapping Case

Evans, undeterred, argued the incident constituted predatory behavior and alleged Patel was intoxicated, citing past charges, including a 2006 felony conviction related to a white-collar crime and a pending DUI case. Yet Merchant hit back hard, saying no witness reported the smell of alcohol and reminding the court that Patel had hugged a Walmart employee out of gratitude for helping him find medicine for his ailing mother.

Evans also attempted to impose additional bond conditions, including mandatory alcohol and drug testing, but was rebuffed by Judge Poole, who said, “I don’t have enough to make me do that.” Poole doubled down, adding, “(He) doesn’t have any type of conviction that bothers me in terms of any type of violent behavior.”

Bond conditions still prevent Patel from drinking alcohol, taking unprescribed drugs, contacting Miller, or stepping foot into the Walmart in question. However, Patel is allowed to take a previously planned international family trip in August, a move Judge Poole supported, saying if he were a flight risk, bond wouldn’t have been granted in the first place.

“I’m not going to comment on what I think the video really shows,” said Judge Poole. “(Patel is) presumed innocent, and innocent people don’t worry about the police coming to get them.”

Even as Evans tried to paint Patel’s actions as those of a predator, Merchant stressed her client’s warm, helpful nature, highlighting that Patel merely hugged the Walmart employee out of gratitude.

Support for Patel came from both sides of the political aisle, a rare moment of bipartisanship in a politically polarized county. Cobb County GOP Chair Mary Clarice Hathaway was first to voice strong support, calling for a more measured approach and standing behind the need for a bond hearing.

Democratic Party Chairwoman Essence Johnson eventually echoed the sentiment, though her public remarks quickly jumped to calls for the charges to be dropped entirely and for an investigation into the Acworth Police Department. Her late entrance into the discussion struck many observers as a textbook case of “Lead, follow, or get out of the way.” While Hathaway and others stood for due process, Johnson’s call to dismiss the case altogether appeared to be more of a “get out of the way” moment than a meaningful contribution to the legal process. Read more here.

Following the hearing, the Cobb County District Attorney’s Office released this full statement:

“Today, a scheduled bond hearing was held for defendant Patel. During that hearing, both the Office of the District Attorney, on behalf of the State, and the defense counsel for defendant Patel presented evidence and arguments as is customary in every bond hearing.

During its presentation, the State deferred to the judgment of the court pertaining to bond. As was explained in court, bonds are reduced or waived with the approval of the presiding judge and do not reflect any opinions of the presiding judge regarding the guilt or innocence of a defendant. Neither defense attorneys nor the District Attorney have unilateral authority on whether a defendant receives bond.

The State did not recommend bond. When the State considers bond, it considers several factors including the facts of the case and the criminal history of the charged person.

The fact that any defendant receives a bond does not influence how the State approaches a case. We remain committed to the protection of children.”

With public skepticism mounting and bipartisan voices demanding accountability, all eyes remain on this controversial case.  A petition circulating on the internet has shown approximately 50,000 signatures, demonstrating the widespread concern over the way the case has been handled, was promoted through the Cobb Voice when it only had 2,500 signatures was mentioned in the defense of Patel by his attorney. 

Watch the full Bond Hearing Here: https://www.youtube.com/watch?v=brDmaeE5DKo

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